The Delhi High Court on Wednesday refused to pass orders on a plea seeking directions to ensure that members belonging to minority communities other than Islam and Sikhism are appointed to the post of chairperson of the National Commission for Minorities (NCM) [Sri Salek Chand Jain v Union of India Through its Secretary & Ors]. 

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that the petitioner can approach the Central government with his grievance. 

“This petition is disposed of with the liberty to the petitioner to approach the Central government. If the representation is made, it shall be attended to and appropriate decision may be taken,” the Court ordered.

The Court was dealing with a public interest litigation (PIL) petition filed by one Salek Chan Jain. The counsel appearing for Jain told the Court that as per the records, there have been 16 Chairpersons of the Minorities Commission and while 14 of them were Muslim, two were Sikhs. 

The counsel said that he was seeking directions to ensure that members of other minority communities like Christianity, Buddhists, Jains and Zoroastrians should also be appointed the head of the Commission. 

However, the Court noted that Section 3 of The National Commission for Minorities Act, 1992 does not provide that the Commission shall necessarily comprise members belonging to all minority communities. 

“The only provision is that five members, including the Chairperson shall be from the minority community. The provision does not provide that the members of Chairperson should be from any particular minority community,” the Court recorded. 

Ultimately, it disposed of the plea and granted the petitioner the liberty to approach the Central government.